New Clause 407

Company Law Reform Bill [Lords] – in a Public Bill Committee at 1:45 pm on 20th July 2006.

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Decision on application for restoration by the court

‘(1) On an application under section (Application to court for restoration to the register) the court may order the restoration of the company to the register—

(a) if the company was struck off the register under section (Power to strike off company not carrying on business or in operation) or (Duty to act in case of company being wound up) (power of registrar to strike off defunct companies) and the company was, at the time of the striking off, carrying on business or in operation;

(b) if the company was struck off the register under section (Striking off on application by company) (voluntary striking off) and any of the requirements of section (Circumstances in which application not to be made: activities of company) to (Circumstances in which application to be withdrawn) was not complied with;

(c) if in any other case the court considers it just to do so.

(2) If the court orders restoration of the company to the register, the restoration takes effect on a copy of the court’s order being delivered to the registrar.

(3) The registrar must cause to be published in the Gazette notice of the restoration of the company to the register.

(4) The notice must state—

(a) the name of the company or, if the company is restored to the register under a different name, that name and its former name,

(b) the company’s registered number, and

(c) the date on which the restoration took effect.’.—[Margaret Hodge.]

Brought up, and added to the Bill.